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  1. #1
    Join Date
    Aug 2011
    Location
    Kansas
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    3

    Default Child Iep Meetings , Parental Access and Denial

    My question involves a child custody case from the State of: Missouri

    I am a support paying Father residing out of the state of Missouri experiencing issues with the States Legal System and other state officials. In 2007 my X and I were divorced in Missouri after which I moved to another state due to obvious reasons. Before my divorce I was undergoing medical treatment for an illness which later was used as a reason for the divorce and justification of her obtaining custody of our three children.

    After several years of therapy and a couple of really skilled physicians I learned I was misdiagnosed which caused allot of issues surrounding the divorce which included the bases for formation of decree concerning custody of property and children. Simply because I was ill at the time the courts opted to strip me of everything simply because I was not able to physically make it to court for the divorce hearing. Since I had no representation at the time due to my being ill for some time I was literally stripped of my life and left destitute by my X and the courts.

    I wish I could say my ordeal was over but simply over the last few years things have not improved much concerning my parental and Human Rights which include ones right to enjoy a life filled with family and children free from obstruction of government influence. To date I have not seen my children in over 2 years and my X simply is refusing to abide by the court adopted parenting plan including necessary modification of such after relocation of children. One of the issues here is my X is a Missouri Social Worker whom intends on nothing short of using her position and others to literally sever my parental rights without the required due process. Her influence has historically included my being denied access to records and even official IEP Meetings at my children school.

    For the last couple of years after multiple attempts of notifying the school and making requests for IEP Meeting, places, dates and times I find that I am still not receiving the required parental notification of such meetings concerning my children. Last spring after spending several hours on the phone with my kids schools I eventually was notified of the meeting in which I would attend. After traveling 800Miles I arrived only to learn the official meeting was cancelled and scheduled for a later unknown date. I then asked for notification and the school never complied with my requests. Simply what this came down to was my X (Missouri Social Worker) simply did not want me in that official Meeting so she at the last minute planned to cancel the meeting. She then somehow persuaded the school to not allow me access to official IEP information and to even be invited to that meeting.

    Having been a previous instructor, and I realize they simply cannot keep me out of that meeting according to Federal Law. How is it then that all it takes is one social Worker in the state and school principal to circumvent those laws and statutes? After doing more legal research, I discovered my X is also in violation of RSMO 452.340 Article 5,7 the nature of which was confirmed by my own research. Since I have educational expertise as well I know when it comes to IEP meetings places and times notification of such meetings are not optional on behalf of the school or custodial parent when charged with such responsibility legally. Right now, I am having difficulty even discovering which school my children are attending this year . Once more by my own knowledge and research I have since learned which school the children are attending so I can request IEP information once more. Just to open the same can of worms which never changes and gets very expensive and frustrating. Each year I spend unnecessary time and $$ just trying to obtain what I am legally entitled to by Federal Law. I pay my support while my X does nothing and refuses me access to children for no legal reason other than using her position as a method of intimidation to manipulate others including the schools. Did I mention the police actually met me at the Last scheduled IEP visit of course that one was also cancelled at the very last possible minute. Previously I was told by police I would be arrested if I tried to check up on the children. Since there is no history of abuse or any court order to this affect, I cannot understand legally how the law enforcement feels they are legally justified by engaging in such behavior and hostility against nothing more than a concerned parent. I am appalled and angered concerning the behavior of the school and concerning our government’s poor treatment of support paying Fathers. We Fathers can’t even be human concerning the mothers gets by with violation of federal laws and in some cases even fraud.

    Once my children were my life and then they were taken away because I was misdiagnosed with an illness because people I trusted lied and manipulated our system of blind justice. Simply they told me they would destroy me personally a few years before and I paid no attention to their ramblings. Today I survived their political obliteration and legal ostracizations so I could fight another day. We all must expose the wrong if we are ever to make it right by a greater light.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Child Iep Meetings , Parental Access and Denial

    Did you actually have a legal question there?

  3. #3
    Join Date
    Aug 2011
    Location
    Kansas
    Posts
    3

    Default Re: Child Iep Meetings , Parental Access and Denial

    What is the Governmental regulatory office that handles enforcement of IEP and Legal Parental Rights over the State of Missouri with Federal and State jurisdiction to enforce the Laws?

    Concerning Missouri State Statutes
    Section 452.340

    Article 7 States:

    7. The general assembly finds and declares that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child except for cases where the court specifically finds that such contact is not in the best interest of the child. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any past or future obligation of support and may transfer the physical and legal or physical or legal custody of one or more children if it finds that a parent has, without good cause, failed to provide visitation or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications thereof. The court shall also award, if requested and for good cause shown, reasonable expenses, attorney's fees and court costs incurred by the prevailing party.

    Does Missouri statutes not give me the right to petition for custody considering; a parent has, without good cause, failed to provide visitation. Simply my X has denied me the court adopted visitations and refused to revise (modify) said schedule for over 4 years now (after relocation of children without required notice) and is making other threats without just legal cause. Contempt of court comes to mind concerning notification and relocation but at what point is a refusal to comply considered cause from motion of contempt? Relocation without revised visitation?

    A problem I see for Missouri Custodial Parents:

    If a woman takes any mans children from one county across the state to reside in another (after divorce and allot of times remarriage) then any previous court adopted visitation schedules naturally would become useless. This is especially the case if necessary revisions are not then made on behalf of the custodial parent which is legally their responsibility by law. Of course the woman (custodial parent by example) then proceeds to refuse to modify previous court adopted visitation schedule from another county municipal court which essentially then allows her to violate Article 7 of Section 452-340 which naturally results in the custodial parents failure to provide visitation to other parent.

    Basically I see this could be huge problem for Missouri Custodial Parents which automatically gives other parent right to petition for full custody based on the law as it is currently written. I am wagering there are allot of parents out there that are being denied their rights on this one point. The question then becomes what municipal court then has jurisdiction of enforcement? The first municipal court should still have state authority of visitation enforcement but in some cases a change of venue then must be filed with the new courts by other parent. But if other said parent has no legal knowledge of state Statutes the custodial parent then gets by with violations of law in most cases. Add in a mix of Custodial Parent having personal access to court resources like my X (State Social Worker) from inside the courts and what you get is a failure of the system to function correctly for both parties now leaving the children without one parent. The evil parent then starts telling the children they are not loved by the other etc which then turns the children away from their true parents rather than parent. Manipulating the system from within a single party which maintains the sole intention of circumventing due process of law by breaking the law is what creates single parent homes. Quite a little issue can be created here by a nasty evil person like my X wife whom very clearly has been shown how to manipulate the system from within. My guess would be mostly Social Workers would have the ability to unjustly violate the law for personal gain using similar if not exact methods described here.

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